McKeever v. Westinghouse Electric & Manufacturing Co.

Citations

• 194 Pa. 149
• 44 A. 689
• 1899 Pa. LEXIS 748

Syllabus

<p>Negligence — Master and servant — Contributory negligence — Province of court and jury.</p> <p>In an action by an employee against his employer to recover damages for personal injuries, it appeared that plaintiff was injured by the broken edge of a pulley catching in his blouse as he was reaching around the pulley to get an iron rod. He had no knowledge that the pulley was broken, and it was not part of his duty to keep it in repair. There was affirmative evidence that it was not imprudent for a workman to allow the sleeve of his blouse to come in contact with the edge of a revolving pulley if the edge was smooth and regular. Held, (1) that the question whether the plaintiff was negligent in reaching for the rod while the pulley was in motion was for the jury; (2) that the question of the probable danger of the use of the iron rod as a brake on the emery wheel raised an issue which was not in the case; (8) that a verdict and judgment for plaintiff should be sustained.</p>